Prosecution Insights
Last updated: October 23, 2026
Application No. 18/764,210

SECONDARY BATTERY AND ELECTRONIC DEVICE

Non-Final OA §102§103
Filed
Jul 04, 2024
Priority
Jul 05, 2023 — CN 202310819668.8
Examiner
ZACHARIA, JOSHUA JOSEPH
Art Unit
Tech Center
Assignee
Ningde Amperex Technology Limited
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
13 currently pending
Career history
8
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-4, 7-9, and 12 are rejected under 35 U.S.C 102(a)(1) as being anticipated by Kim et al. (KR 20220049311 A, "Kim"). Regarding claim 1: Kim discloses a secondary battery comprising a negative electrode with a negative electrode current collector, and a plurality of negative electrode mixtures layers each with a negative electrode active material (see paragraph [0011] and paragraphs [0020] - [0021]). Kim discloses that after placing a first negative electrode mixture layer ( i.e. first active layer) on a side of the negative electrode current collector, another negative electrode mixture slurry was applied on top of the first negative electrode mixture layer in order to form the second negative electrode mixture layer (i.e. second active layer). This method of forming the electrode plate necessitates that the first negative electrode mixture layer (i.e. first active layer) is disposed between the negative electrode current collector and the second negative electrode mixture layer (i.e. second active layer) (see paragraphs [0258] -[0259]). Given that Kim discloses both active layer compositions identical to that presently claimed, it is clear that the first and second active layers at the specific temperature ranges would inherently exhibit the weight loss rates as presently claimed. Regarding claims 2-4: Kim discloses that the plurality of negative electrode mixture layers each contain a binder (see paragraph [0021]). Kim disclose that the binder can be a styrene-butadiene based binder or a styrene-acrylate based binder depending on the location of the layer with respect to the surface of the negative electrode (see paragraph [0011]). Kim discloses that the first and second binders can be formed though emulsion polymerization (see paragraph [0052]). Kim discloses that the second repeating unit of the first binder and the fifth repeating unit of the second binder are derived from an aromatic vinyl monomer during polymerization (see paragraphs [0074] - [0075]). The aromatic vinyl monomers can be styrene (see paragraph [0078]). For the second repeating unit of the first binder (i.e. styrene), the weight percent can be between 30% to 65% of the total weight of the binder (see paragraph [0081]). For the fifth repeating unit of the second binder (i.e. styrene), the weight percent can be between 20% to 45% of the total weight of the monomer (see paragraph [0084]). Kim discloses that the third repeating unit of the first binder and the sixth repeating unit of the second binder are derived from an unsaturated carboxylic acid-based monomer (i.e. acrylic acid) during polymerization (see paragraph [0089]). The unsaturated carboxylic acid-based monomers (i.e. acrylic acid) can be acrylic acid (see paragraph [0093]). For the third repeating unit of the first binder (i.e. acrylic acid), the weight percent can be between 1% to 10% of the total weight of the binder (see paragraph [0096]). For the sixth repeating unit of the first binder (i.e. acrylic acid), the weight percent can be between 1% to 15% of the total weight of the binder (see paragraph [0099]). Kim discloses that the fourth repeating unit of the second binder is derived from an alkyl acrylate-based monomer during polymerization (see paragraph [0104]). The alkyl acrylate-based monomer can have an alkyl group between 2 to 14 carbon atoms (i.e. acrylate ester) (see paragraph [0107]). For the fourth repeating unit of the second binder (i.e. acrylate ester), the weight percent can be less than 64% of the total weight of the binder (see paragraph [0112]). Regarding claims 7-8: Kim discloses that the alkyl acrylate fourth monomer is an alkyl group (i.e. “n”) having 2 to 14 carbon atoms (see paragraph [0107]). Regarding claim 9: Kim discloses that the weight percent of the binder in the second active layer is a weight percent between 0.5% to 1.5% (see paragraph [0047]. Kim discloses that the weight percent of the binder in the first active layer is a weight percent between 2.5% to 3.5% (see paragraph [0045]). Regarding claim 12: Kim discloses that the anode binders may use carboxymethylcellulose as a thickener (see paragraph [0172] and [0203]). Kim discloses that the active material includes soft carbon (see paragraph [0153]). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 5-6 are rejected under 35 U.S.C 103 as being unpatentable by Kim et al. (KR 20220049311 A, "Kim") in view of Lu et al. (US 2023/0335738, "Lu"). Regarding claims 5-6: Kim discloses the negative electrode binder as set forth above. Kim does not disclose that the weight-average molecular weight of the negative electrode binder is 700,000 to 1,200,000 . Lu discloses a secondary battery comprising a negative electrode sheet comprising a binder (see paragraph [0002]). The binder is made from monomers including styrene, acrylate, and acrylic acid (see paragraph [0012] - [0015]). The molecular weight of the binder is 300,000 - 1,000,000 (see paragraph [0031]). The molecular weight improves bonding of the binder and if the molecular weight is too low, this will cause the electrode sheet to shed power or even fracture and if the molecular weight is too high, it makes it difficult to make the electrode sheet (see paragraph [0032]). Therefore, in light of the motivation to use a negative electrode binder with weight-average molecular weight disclosed by Lu as set forth above, it would be obvious to a person of ordinary skill in the art before the effective filing date of the presently claimed invention to modify the negative electrode binder to have a weight-average molecular weight between the presently claimed ranges as disclosed by Lu to the negative electrode binder as disclosed by Kim in order to reduce power shed and fracture and to make the method of making the electrode sheet less difficult. Claims 10-11, 13-16, and 19-20 are rejected under 35 U.S.C 103 as being unpatentable by Kim et al. (KR 20220049311 A, "Kim") in view of Zheng et al. (US 2025/0015273 A1, "Zheng"). Regarding claims 10-11: Kim discloses the secondary battery and negative electrode binder as set forth above. Kim does not disclose a ratio of a thickness of the first active layer to a thickness of the second active layer is in a range of 1:1 to 4:1, and the thickness of the first active layer is 25 micrometers to 80 micrometers. Kim does not disclose a sum of the thickness of the first active layer and the thickness of the second active layer is 50 micrometers to 150 micrometers. Zheng discloses a battery comprising a first active layer and a second active layer (see [Abstract]). The second active layer has a thickness of 10-60 microns with the total thickness of the first active layer and second active layer being not less than 40 microns (see paragraph [0110]), i.e. the thickness of the first active layer is at least 30 microns. Therefore, the ratio of the first thickness to the second thickness is at least 0.5 (30/60). Zheng discloses that controlling the thickness of the first active layer can effectively improve the energy density of the active layers, and in combination with the thickness of the second active layer, the energy density of the electrode without affecting the liquid-phase transport capability of the active layers and the fast-charging capability (see paragraph [0110]) while controlling the thickness of the second active layer enables the control of the effective migration paths for lithium ions towards the interior of the active layer, and can increase the energy density of the electrode( see paragraph [0093]). Therefore, in light of the motivation for using first active layer and second active layer with thickness disclosed by Zheng as described above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use first active layer and second active layer with such thickness, including that presently claimed, in the secondary battery of Kim in order to produce a battery with improved energy density. Regarding claim 13: Kim discloses the secondary battery as set forth above. Kim does not disclose an electronic device that comprises the secondary battery as set forth above. Zheng discloses that the electronic device comprises of the secondary battery to be used as a power supply or energy storage unit for the device (see paragraph [0164]). Therefore, in light of the motivation to add the secondary battery to an electronic device, it would be obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to add the secondary battery as disclosed by Kim to the electronic device as disclosed by Zheng in order to be used as a power supply unit. Regarding claims 14-16: Kim in view of Zheng disclose the electronic device comprising the secondary battery as set forth above. Kim discloses that the plurality of negative electrode mixture layers each contain a binder (see paragraph [0021]). Kim disclose that the binder can be a styrene-butadiene based binder or a styrene-acrylate based binder depending on the location of the layer with respect to the surface of the negative electrode (see paragraph [0011]). Kim discloses that the first and second binders can be formed though emulsion polymerization (see paragraph [0052]). Kim discloses that the second repeating unit of the first binder and the fifth repeating unit of the second binder are derived from an aromatic vinyl monomer during polymerization (see paragraphs [0074] - [0075]). The aromatic vinyl monomers can be styrene (see paragraph [0078]). For the second repeating unit of the first binder (i.e. styrene), the weight percent can be between 30% to 65% of the total weight of the binder (see paragraph [0081]). For the fifth repeating unit of the second binder (i.e. styrene), the weight percent can be between 20% to 45% of the total weight of the monomer (see paragraph [0084]). Kim discloses that the third repeating unit of the first binder and the sixth repeating unit of the second binder are derived from an unsaturated carboxylic acid-based monomer (i.e. acrylic acid) during polymerization (see paragraph [0089]). The unsaturated carboxylic acid-based monomers (i.e. acrylic acid) can be acrylic acid (see paragraph [0093]). For the third repeating unit of the first binder (i.e. acrylic acid), the weight percent can be between 1% to 10% of the total weight of the binder (see paragraph [0096]). For the sixth repeating unit of the first binder (i.e. acrylic acid), the weight percent can be between 1% to 15% of the total weight of the binder (see paragraph [0099]). Kim discloses that the fourth repeating unit of the second binder is derived from an alkyl acrylate-based monomer during polymerization (see paragraph [0104]). The alkyl acrylate-based monomer can have an alkyl group between 2 to 14 carbon atoms (i.e. acrylate ester) (see paragraph [0107]). For the fourth repeating unit of the second binder (i.e. acrylate ester), the weight percent can be less than 64% of the total weight of the binder (see paragraph [0112]). Regarding claims 19-20: Kim in view of Zheng disclose the electronic device comprising the secondary battery as set forth above. Kim discloses that the alkyl acrylate fourth monomer is an alkyl group having 2 to 14 carbon atoms (see paragraph [0107]). Claims 17-18 are rejected under 35 U.S.C 103 as being unpatentable by Kim et al. (KR 20220049311 A, "Kim") in view of Zheng et al. (US 2025/0015273 A1, "Zheng") as applied to Claim 14 above, further in view of Lu et al. (US 2023/0335738, "Lu"). Regarding claims 17-18: Kim in view of Zheng disclose the electronic device comprising the secondary battery as set forth above. Kim in view of Zheng does not disclose that the weight-average molecular weight of the negative electrode binder is 700,000 to 1,200,000 . Lu discloses a secondary battery comprising a negative electrode sheet comprising a binder (see paragraph [0002]). The binder is made from monomers including styrene, acrylate, and acrylic acid (see paragraph [0012] - [0015]). The molecular weight of the binder is 300,000 - 1,000,000 (see paragraph [0031]). The molecular weight improves bonding of the binder and if the molecular weight is too low, this will cause the electrode sheet to shed power or even fracture and if the molecular weight is too high, it makes it difficult to make the electrode sheet (see paragraph [0032]). Therefore, in light of the motivation to use a negative electrode binder with weight-average molecular weight disclosed by Lu as set forth above, it would be obvious to a person of ordinary skill in the art before the effective filing date of the presently claimed invention to modify the negative electrode binder to have a weight-average molecular weight between the presently claimed ranges as disclosed by Lu to the negative electrode binder in the secondary battery as disclosed by Kim in view of Zheng in order to reduce power shed and fracture and to make the method of making the electrode sheet less difficult. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSH J ZACHARIA whose telephone number is (571)272-0580. The examiner can normally be reached Mon - Fri 0800-1700. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Callie Shosho can be reached at (571) 272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Joshua J Zacharia/Examiner, Art Unit 1787 /CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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Prosecution Timeline

Jul 04, 2024
Application Filed
Oct 08, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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